Divorce as Process, Botswana Style

2018 ◽  
Vol 2 (2) ◽  
pp. 1-23 ◽  
Author(s):  
Pnina Werbner ◽  
Richard Werbner

This article aims to unravel the complex negotiations surrounding property settlements and custody in cases of divorce in customary courts in Botswana today in the light of an earlier legacy of penalising divorce initiators. It argues that women’s attempts to get their husbands to initiate divorce proceedings can entangle women in lengthy negotiations and ultimately frustrate the aim of achieving a divorce. Repeated court hearings can last for years, we show. At the same time, in Botswana’s statutory courts today, an equal division of property irrespective of the causes of marital breakdown has become established practice. In the article, we aim to show that customary laws regarding property settlement in divorce have indeed changed, gradually adjusting to notions of equity in women’s rights in marriage, in response to a wider ideological, critical movement, even though chiefs or headmen presiding over customary courts do not always explicitly acknowledge this change.

1999 ◽  
Vol 1 (2) ◽  
pp. 195-205 ◽  
Author(s):  
Michael Molnar

Freud's translation of J.S. Mill involved an encounter with the traditions of British empirical philosophy and associationist psychology, both of which go back to Locke and Hume. The translation of Mill's essay on Plato also brought Freud into contact with the philosophical controversy between the advocates of intuition and faith and the advocates of perception and reason. A comparison of source and translated texts demonstrates Freud's faithfulness to his author. A few significant deviations may be connected with Freud's ambiguous attitude to women's rights, as advocated in the essay The Enfranchisement of Women. Stylistically Freud had nothing to learn from Mill. His model in English was Macaulay, whom he was also reading at this period.


2020 ◽  
Vol 6 (2) ◽  
pp. 145-173 ◽  
Author(s):  
Heidi E. Rademacher

Promoting the ratification of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was a key objective of the transnational women's movement of the 1980s and 1990s. Yet, few studies examine what factors contribute to ratification. The small body of literature on this topic comes from a world-society perspective, which suggests that CEDAW represented a global shift toward women's rights and that ratification increased as international NGOs proliferated. However, this framing fails to consider whether diffusion varies in a stratified world-system. I combine world-society and world-systems approaches, adding to the literature by examining the impact of women's and human rights transnational social movement organizations on CEDAW ratification at varied world-system positions. The findings illustrate the complex strengths and limitations of a global movement, with such organizations having a negative effect on ratification among core nations, a positive effect in the semiperiphery, and no effect among periphery nations. This suggests that the impact of mobilization was neither a universal application of global scripts nor simply representative of the broad domination of core nations, but a complex and diverse result of civil society actors embedded in a politically stratified world.


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